BILL NUMBER: S8269

SPONSOR: MYRIE
 
TITLE OF BILL:  An act to amend the public health law, in relation to
authorizing the attorney general to investigate and take action against
in response to actions improvident or prejudicial to the interests of
the public or occupants of nursing homes that are under the supervision
of the commissioner of health

 
PURPOSE:

Authorizes the attorney general to investigate and take action against
nursing homes in response to actions improvident or prejudicial to the
interests of the public or to the interests of occupants thereof.

 
SUMMARY OF PROVISIONS:

Amends section 2862 of the public health law to add a new subdivision 5
that authorizes the attorney general to investigate and inspect, under
the power of subpoena, nursing home premises and relevant company docu-
ments to determine whether any improvident or prejudicial actions to the
              

public or occupants of nursing homes have occurred.

Subdivision 5 also authorizes the attorney general to commence an action
or proceeding in the supreme court of the state of New York if the
attorney general is of the opinion that a company has been, is, or is
about to do anything improvident or prejudicial to the interests of the
public or occupants of nursing home under the supervision of the commis-
sioner.

 
EXISTING LAW:

This is a new provision of the law.

 
JUSTIFICATION:

The COVID-19 pandemic crisis has exposed weaknesses throughout the
health care infrastructure of New York. The crisis has also drawn atten-
tion to certain actions taken by nursing home operators that appeared
contrary to the best interests of the public and the occupants of those
nursing homes. These weaknesses and prejudicial actions are particularly
and fatally consequential in nursing homes, which are meant to safeguard
the lives of a population that is particularly vulnerable to infection
and disease. Giving the attorney general the authority to investigate
and prosecute actions and proceedings in Supreme Court to address
actions that are deemed to be improvident or prejudicial to the inter-
ests of the public or to the occupants of nursing homes under the super-
vision of the commissioner.

This law expressly states that it shall not be construed to limit the
powers of the commission under subdivision 4 of Public Health Law
section 2862.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
LOCAL FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.